Job no: 527142
Position type: Consultancy
Division/Equivalent: Nairobi Regn’l(ESARO)
Department/Office: Harare, Zimbabwe
Categories: Child Protection, Gender Equality, Human Rights, Statistics and Monitoring, Consultancy
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TERMS OF REFERENCE
Duration: 30 working days over a period of 8 weeks
Background and Rationale
The Spotlight Initiative (SI)
In September 2017, the EU and the UN launched a joint partnership to eliminate all forms of violence against women and girls worldwide. The Spotlight Initiative (SI) aims at mobilizing commitment of political leaders and contributing to achieving Sustainable Development Goals (SDGs). The Initiative aims at ending all forms of violence against women and girls, targeting those that are most prevalent and contribute to gender inequality across the world. The Spotlight Initiative will deploy targeted, large-scale investments in Asia, Africa, Latin America, the Pacific and the Caribbean, aimed at achieving significant improvements in the lives of women and girls. Zimbabwe is one of the eight countries in Africa to benefit from this transformative initiative.
Purpose and Objectives of Forensic System Capacity Assessment
To assess gaps, bottlenecks and barriers in collecting, analysing, preserving and presenting physical and digital forensic evidence related to sexual offences in the current Zimbabwean legal framework.
The specific objectives of the assessment are:
- To identify gaps in the current legal framework and other regulatory tools such as professional code of conducts pertaining to seizure, collection, packaging, transport, analysis, preservation and presentation of physical and digital forensic evidence;
- To assess bottlenecks and barriers in the implementation of existing legislation in the areas of crime scene management, transport and analysis standards, admissibility and presentation of digital and physical evidence in court;
- To provide concrete recommendations on strengthening the legal framework and the implementation of existing legislation, including legislative reform, code of conducts, guidelines and tools development to operationalise legal requirements for law enforcement personnel.
Scope of work and Methodology
The assignment aims to assess gaps, bottlenecks and barriers in collecting, analysing, preserving and presenting physical and digital forensic evidence related to sexual offences in the current Zimbabwean legal framework.
The assessment of the existing legal framework will be conducted through desktop research. This will include an analysis of existing legal framework and relevant case law, as well as other regulatory tools such as code of conducts, investigation or forensic guidelines, which are used by relevant law enforcement stakeholders.
The below questions will assist the consultant in the assessment of the existing legal framework for both physical and digital evidence:
- Which pieces of legislation address the work at the crime scene and the handling of evidence gathered at the scene?
- Does the legal framework broadly address the work at the crime scene and the handling of evidence gathered at the scene?
- Does the legal framework stipulate the different roles and responsibilities with regards to crime scene management between first respondent, investigators and laboratory personnel? Is this guided by a code of conduct or any other guidelines and if yes, to what extent are these based on legal provisions?
- Which provisions govern the handling of evidence, including protection of integrity, storage, security and disposal? How is the transport of evidence from the crime scene to the laboratory regulated? How are chain of custody requirements regulated?
- How detailed is the legal framework governing the work of laboratory services? Does the legal framework provide for stipulations regarding the method of analyzing and examining evidence?
- Are there any requirements regarding the accreditation of laboratories? How is the quality of forensic services insured, e.g. regarding education and training level of forensic scientists? Is any specific certification or registration required?
- To what extent does the legal framework govern the admissibility criteria of evidence on court, including prima facie evidence, necessity for expert witness testimony and any competency requirements for expert witnesses?
In order to provide a holistic and comprehensive insight into the forensic system capacity in Zimbabwe from a legal perspective, the assessment will include a bottleneck and implementation barrier analysis conducted on a national, provincial and district level. This aims to assess the effectiveness of existing legal provisions and other regulatory tools. Appropriate provinces and districts from the Spotlight Initiative focus areas for a representative assessment will be determined by ZRP in collaboration with other key stakeholders and UNICEF. The consultant will engage with relevant stakeholders from the Government of Zimbabwe, including relevant departments within ZRP, the Ministry of Justice, Legal and Parliamentary Affairs, National Prosecuting Authority, Judicial Service Commission and Ministry of Health and Childcare; academia as well as relevant CSOs providing services to survivors of sexual violence on a national, provincial and district level. Further, the consultant will work closely with ZRP to gain insight and understand the challenges in crime scene management, transport of forensic evidence and analysis of forensic evidence on national, provincial and district level.
It has to be noted that this consultancy does not include an in-depth analysis on the forensics science aspects of the forensic system capacity in Zimbabwe. This area of the forensic system capacity assessment, including areas of crime scene management, forensic infrastructure, forensic analysis and examinations, will be carried out by an International Forensics Expert, who will work closely with the legal expert to provide a holistic and comprehensive assessment from both a forensics and legal angle.
Roles and Responsibilities
- UNICEF will oversee and guide the consultant. The assessment will be directly managed by the UNICEF Child Justice and Legal Reform Officer with support from the UN Spotlight Initiative inter-agency technical team. UNICEF will be responsible for convening, coordinating and technically supporting the assessment in close collaboration with the SI Technical Coordination Unit.
- The consultant must comply with global and local PSEA (Protection from Sexual Exploitation and Abuse) guidelines and standards. The consultant is expected to complete UNICEF mandatory training courses .
Inception report and inception meeting
Legal system capacity assessment work plan
Mapping of relevant laws, tools, guidelines and code of conducts
Detailed list of key research questions to be addressed
Details on Methodology to be followed
Quality assurance and risk management strategies
Present inception report at joint inception meeting with international forensics expert
Agree with key stakeholders on suitable field visits to Spotlight provinces/districts, methodology, main challenges and expectations
Adjustment of inception report, if necessary
5 working days, over a period of 2 (two) weeks after starting work (upon signing the contract)
First payment (20%)
Identify gaps in the current legal framework and other regulatory tools such as professional code of conducts pertaining to seizure, collection, packaging, transport, analysis preservation and presentation of physical and digital forensic evidence
Identify areas in need of system strengthening, either through legislative reform or revision/development of other regulatory tools
Provide concrete recommendations for current gaps and weaknesses in the legal framework and other regulatory tools
20 working days, over a period of 4 (four) weeks
Second Payment (30%)
Assessment of bottlenecks and barriers in implementing existing legal framework
Conduct in-depth assessment of bottlenecks and barriers in implementing existing legal framework on provincial and district level as agreed with stakeholder and laid out in inception report
Align findings and recommendations with the international forensics expert report to ensure alignment and integrability of recommendations with forensic science findings
Present first draft assessment report (including legislative reform, code of conducts, guidelines and tools development to operationalise legal requirements for law enforcement personnel) and gather comments and inputs from key stakeholders
Submission and presentation of final assessment report, including input from presentation of draft report
Incorporation of inputs into final report
Presentation of assessment report to key stakeholders for approval
Soft copy of the assessment report incorporating all stakeholders’ comments, fully formatted, edited and finalised to a professional printable standard;
Report should be a maximum of 40 pages in length, excluding annexes
Hard copy of the report
Power Point Presentation giving overview of report and key findings
5 working days, over a period of (2) two weeks
Third payment (50%)
- Master’s degree in relevant fields (Law, International Law, Criminology or other related field)
- At least ten years of proven experience in criminal law practice and/or research, including forensics and sexual offences, required
- Professional experience in legislating/regulating issues pertaining to forensic evidence and/or criminal procedure required
- Previous experience conducting legal analysis and/or bottleneck/implementation barrier analysis desirable
- Fluency in English is required and at least one local language (Shona/Ndebele)
- Ability to write clearly and concisely in English
If you meet the entry qualifications and you are interested and available to undertake the consultancy assignment, please submit your application online, upload your cover letter, highest academic qualification, CV, technical and an all-inclusive financial proposal detailing your professional fees, including travel, per-diem, car rentals/taxis, internet cost, communication cost, incidentals, etc. for delivering the assignment.
The selection process will be competitive.
UNICEF is committed to diversity and inclusion within its workforce, and encourages all candidates, irrespective of gender, nationality, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of the organization.
UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will, therefore, undergo rigorous reference and background checks, and will be expected to adhere to these standards and principles.
Only shortlisted candidates will be contacted and advance to the next stage of the selection process.
 The courses include Ethics and Integrity at UNICEF, Prevention of Sexual Harassment and Abuse of Authority, Prevention of Sexual Exploitation and Abuse (PSEA) and BSAFE security training.
Advertised: Nov 12 2019 South Africa Standard Time
Application close: Nov 30 2019 South Africa Standard Time
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Closes Nov 30 2019
UNICEF Zimbabwe national individual consultancy: To assess gaps and implementation barriers in the Zimbabwean legal framework regarding collection, analysis, preservation and presentation of physical & digital forensic evidence in sexual offence cases in Zimbabwe
Consultancy to assess the gaps and implementation barriers in the Zimbabwean legal framework regarding collection, analysis and preservation and presentation of physical and digital forensic evidence in sexual offence cases, and provide clear recommendations on strengthening the legal framework.
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